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U.S. v. KHAN

No. 90, Docket 89-1429.

920 F.2d 1100 (1990)

UNITED STATES of America, Appellee, v. Mohammad Wazir KHAN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 10, 1990.

Attorney(s) appearing for the Case

Georgia J. Hinde, New York City (Vivian Shevitz, New York City, of counsel), for defendant-appellant.

Ira Belkin, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., JoAnn M. Navickas, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y., of counsel), for appellee.

Before FEINBERG and CARDAMONE, Circuit Judges, and CABRANES, District Judge.

CARDAMONE, Circuit Judge:

Following his plea of guilty to one count of conspiracy to distribute and possess with intent to distribute heroin in violation of 21 U.S.C. § 846, Mohammad Wazir Khan appeals a judgment from the Eastern District of New York (Dearie, J.) sentencing him to 108 months in prison and three years of supervised release. Prior to Khan's guilty plea, he and the U.S. Attorney's office had entered into a cooperation agreement which provided if...

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